United States v. Donaghy

570 F. Supp. 2d 411 (2008)

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United States v. Donaghy

United States District Court for the Eastern District of New York
570 F. Supp. 2d 411 (2008)

Facts

Timothy Donaghy (defendant) was a National Basketball Association (NBA) referee. From 2003 to 2006, Donaghy bet on NBA games, including games he officiated, through an arrangement with a friend, Jack Concannon. In December 2006, James Battista (defendant) proposed that Donaghy give betting recommendations to Battista through Thomas Martino (defendant) based on Donaghy’s inside knowledge of officiating crews, referee-team relations, and players’ physical conditions. Battista paid Donaghy for each correct recommendation. Donaghy refereed 16 of 68 regular-season NBA games in 2006 and 2007 after providing betting recommendations to Martino and Battista. The United States government (plaintiff) became aware of the betting-recommendation arrangement, and Donaghy eventually pleaded guilty to a two-count criminal information alleging conspiracy to commit wire fraud and conspiracy to transmit wagering information. At his plea hearing, Donaghy stated that beginning in December 2006, he had agreed with other individuals to use confidential information known to him as a referee to predict which NBA teams would win games and cover point spreads set by bookmakers. Donaghy never mentioned his earlier arrangement with Concannon, and the court clarified that the charged conspiracy did not include Donaghy’s own betting on NBA games. Martino subsequently pleaded guilty to wire-fraud conspiracy, and Battista pleaded guilty to conspiracy to transmit wagering information. The NBA sought restitution under the Mandatory Victims Restitution Act (MVRA) and Victim and Witness Protection Act (VWPA), including (1) a share of Donaghy’s compensation from 2003 to 2007, (2) attorney’s fees paid to the NBA’s outside counsel for assistance in the government’s investigation and prosecution and attendance at proceedings related to the offenses, and (3) salaries paid to NBA employees for reviewing tapes of Donaghy-refereed games at the government’s request. The district court found that the NBA was a victim of the conspiracies for purposes of the MVRA and VWPA and then determined which amounts the NBA could recover from which parties.

Rule of Law

Issue

Holding and Reasoning (Amon, J.)

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